Court Error – Exhaustion of Administrative Remedies

By: Derek Hawkins//November 24, 2020//

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WI Court of Appeals – District I

Case Name: Apys Cars, Inc., v. City of Milwaukee

Case No.: 2019AP1800

Officials: Dugan, Donald and White, JJ.

Focus: Court Error – Exhaustion of Administrative Remedies

The City of Milwaukee appeals an order of the circuit court reversing a decision of the Milwaukee Common Council (Common Council) to not renew the Recycling, Salvaging, or Towing Premises license held by Apys Cars, Inc. (ACI). On appeal, the City argues that the circuit court erred in determining that the doctrine of exhaustion of administrative remedies did not “relieve the City from performing its statutory obligations” because the circuit court’s finding was based on the wrongful determination that the City did not opt out of the administrative review procedures of WIS. STAT. ch. 68. We agree.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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